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Roundstone Nurseries Limited -v- Stephenson Holdings Limited - Technology and Construction Court - Mr Justice Coulson - [2009] EWHC 1431 (TCC)

Costs of mediation incurred pre-action - costs thrown away by refusal to attend a mediation agreed as part of the Pre-Action Protocol procedure can be recoverable.

More Cases

Subject
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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